In an effort to make this information more publicly accessible, this list can be found here and and is regularly updated as the Museum’s research progresses. This list is also published on AAM’s Nazi-Era Provenance Internet Portal (NEPIP), a central searchable registry of objects in U.S. museums that were created before 1946 and that possibly changed hands in continental Europe between 1933 and 1945, which was last updated in 2017.
There are many ways to launder money, from the simple to the very complex. One of the most common techniques is to use a legitimate, cash-based business owned by a criminal organization. For example, if the organization owns a restaurant, it might inflate the daily cash receipts to funnel illegal cash through the restaurant and into the restaurant's bank account. After that, the funds can be withdrawn as needed. These types of businesses are often referred to as "fronts."
In the end, maybe this guide was never intended for amoral businessmen in the first place (unless we’ve sorely misjudged our readership!) Maybe this it's more useful to the emerging artists who look for validation (read: dollar signs) in a competitive market. Maybe the artist’s secret to success is appealing to the corrupt and becoming an accomplice to white collar crime (but hopefully not). Are economic criminals the driving force of the art economy? Probably not, but what we do know for certain is that art isn’t only valuable as the evidence of creative genius. It is, to many, a vault.
Sometimes, they give us works that great artists simply didn’t get around to making. If a fake is good enough to fool experts, then it’s good enough to give the rest of us pleasure, even insight. The late Swiss collector Ernst Beyeler called a fake Rothko from Queens a “sublime unknown masterwork” in 2005 and hung it in his namesake museum. Why not think of that picture as the sublime masterwork that Rothko happened not to have got around to? Is it a bad thing if thousands more people in China get to own works by the great modern master Qi Baishi — even if the works they own aren’t actually by him? In some ways, they are by him, in the profound sense that they almost perfectly capture his unique contribution to art. If they didn’t, no one would imagine he’d made them.
Of course, certain countries already impose AML regulations on the art world. The European Union Commission issued its 5th Anti-Money Laundering Directive in June 2018, which must be implemented by Member States by January 2020, and which in part expands its coverage of “obliged entities” to persons trading in art, acting as intermediaries in the trade of art, or storing art in freeports, if the value of the transaction or a group of linked transactions equals €10,000 or more. In the United States, although the BSA already applies to dealers in precious metals, stones and jewels, and thereby requires them to file Suspicious Activity Reports and comply with other AML obligations, no such rules currently apply to U.S. dealers in art.
This essay addresses provenance issues in the context of a sale. Of course the provenance of a piece is an important factor in determining its authenticity, but how important to the seller and buyer is knowing that, for example, there were three private owners between the artist and the current owner. If one of those owners was Paul Mellon or a major museum, it might be very important. And, have the buyer and seller made that importance clear in their sale agreement?
Even though De Sole was appointed chairman of Sotheby’s in 2015 and, presumably, is art-savvy, Clarick points out that his being scammed speaks volumes. “To me,” says Clarick, “it says that the works were pretty good-looking and conveys the impeccable reputation that Knoedler and Ann Freedman had. People believed them. You don’t buy a really fancy diamond from Tiffany and have it checked out on 47th Street.”
↑ Mario Clouds Not Bootleg V1.1 is a variation on Super Mario Clouds by Cory Arcangel. It was made available on the site NetVVorth as part of a collection of "forged" works by iconic digital artists. (Arcangel also offers instructions on his website that allow anyone to create a bootleg version of the piece.) It is still credited to "Cory Arcangel" in an attempt to highlight the ease of forging digital work.
Many works of art acknowledged to be authentic carry some risk that in the future questions of authenticity may arise. After all, experts sometimes change their minds, new experts may disagree with the old consensus, and new facts or technologies may emerge. An impeccable provenance that can be verified serves to mitigate that investment risk. On the other hand, we have seen that a dubious provenance may itself be used as circumstantial evidence that the work is a fake. Thus, even where authenticity is not currently an issue, an inaccurate or incomplete provenance still could give rise to a claim in the future.
As the trial nears, a few facts are certain. Rosales sold fraudulent art; after pleading guilty to nine counts that include wire fraud and money laundering, she agreed to cooperate in the investigation and is awaiting sentencing. Her boyfriend Bergantiños was arrested in Spain and remains there. Pei-Shen, who brilliantly forged work by the most lauded artists of the 20th century, is on the loose and untouchable somewhere in China.
Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody. The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.
Art forgery may also be subject to civil sanctions. The Federal Trade Commission, for example, has used the FTC Act to combat an array of unfair trade practices in the art market. An FTC Act case was successfully brought against a purveyor of fake Dalí prints in FTC v. Magui Publishers, Inc., who was permanently enjoined from fraudulent activity and ordered to restore their illegal profits. In that case, the defendant had collected millions of dollars from his sale of forged prints.
A forgery ring busted in 2011 is still having repercussions across the Alberto Giacometti market. Dutch Giacometti forger Robert Driessen made €8 million ($8.9 million) selling forged sculptures, along with thousands of fake bronzes, before his misdeeds were discovered. In 2015, the case again made headlines when a German dealer was caught trying to sell one of the works still at large to an undercover agent.
* If the seller states that the work of art sold at an auction house, have them provide the name and contact information for the auction house as well as the date of the sale and lot number of the art in that sale. Just because an auction house sells a work of art does not automatically make that work of art genuine. Best procedure here is to get a copy of the auction catalog and carefully read the listing for the art.
New England Glass Works (American, 1818-1888), Black-Amethyst Sinumbra Lamp, 1830-1835, Translucent dark amethyst glass appearing black, pressed, with patinated copper alloy (brass) fittings and iron alloy lamp mechanism, a blown transparent colorless glass shade, ground and wheel-cut, and a transparent blown glass chimney (replaced), 17 1/2 in., 2016.214.
The following year, in 2013, an even more high-profile laundering case surfaced when a Jean-Michel Basquiat painting worth $8 million was found in a crate at Kennedy Airport on its way from London. The crate went through customs with a valuation of $100, though it contained Basquiat’s 1982 painting Hannibal (commodities valued under $200 aren’t required to be declared at customs.) The painting had been bought and shipped by Brazilian Banker Edemar cid Ferreira in an elaborate scheme to launder over $50 million that was illegally obtained when Ferreira’s bank, Banco Santos, went bankrupt. In 2004, Ferreira went $1 billion in debt after his financial empire, much of which was built on embezzled funds, collapsed. During his reign over Banco Santos, he had bought 12,000 pieces of art. In 2006, Ferreira was sentenced to 21 years in prison for bank fraud, tax evasion, and money laundering. But before his arrest, $30 million of his art collection was smuggled out of Brazil. The scheme was uncovered when Hannibal was found at JFK. According to court papers, the painting was originally bought for $1 million in 2004 by a Panamanian company called Broadening-Info Enterprises, which was later discovered to be owned by Ferreira’s wife, Márcia.
Jack Flam should know. He is one of the world's top experts in Robert Motherwell and was friends with the artist for years. Robert Motherwell was the youngest of a group of famous American painters that included Jackson Pollock, Mark Rothko and Willem de Kooning, who pioneered a new style of American art known as abstract expressionism. After Robert Motherwell's death, Jack Flam became president of the foundation dedicated to his work, and was assembling a catalogue of all of Motherwell's paintings - what's known as a catalogue raisonne.
Fine examples of pottery and porcelain have always commanded high prices, which have, in turn, encouraged the making of forgeries and reproductions. Since many European factories tried to imitate Italian majolica during the 19th century when it was especially popular, forgeries are common. The work of Urbino, Castel Durante, Faenza, and Gubbio was copied freely, and, to a lesser extent, so were the wares of Orvieto and Florence. Most of these forgeries are not close enough to deceive a reasonably expert eye. Potters used natural deposits the impurities of which, for good or ill, often affected the final result; until recently it has been impossible to procure materials in a pure state. In all but a few isolated instances (some German stoneware reproductions, for example) the forger no longer has access to these original deposits and he has to imitate the effect of the impurities as best he can. Although the best forgeries are often remarkably close to the originals, they are not very numerous.
Based on a real life, still unsolved art heist at the Isabella Stewart Gardner Museum in Boston, The Art Forger manages to include more details about brush strokes and forgery techniques than I knew existed in a gripping story of artistic obsession. Claire Roth is a struggling young artist, blacklisted by the art establishment for a perceived crime against one of their darlings. She pays her bills by copying famous works of art for an above board online retailer. Then she makes a devil's bargain ...more
The Rothko even came with a romantic back story. As explained to the De Soles by Ann Freedman, then the highly regarded president of Knoedler & Co. — founded in 1846 and Manhattan’s oldest art gallery — it emerged from the collection of a mysterious Swiss heir. The man’s business-traveling father bought paintings directly from rising art stars of the 1950s. Freedman added that the piece, depicting Mark Rothko’s signature-style rectangles, had gone largely unseen by art-world cognoscenti.